What was Tenancy Tribunal case 4903740 about?

The tribunal order states: Akanesi Luau and Siosiua Luau must pay [The landlord/s] $450.27 immediately,

How much money was awarded in case 4903740?

Cleaning: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $300.00 awarded to landlord; Rent Arrears: $881.16 awarded to landlord; Lightbulbs: $50.00 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord; Water Rates: $528.67 awarded to landlord

What type of tenancy dispute was case 4903740?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 4903740?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10980729-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4903740 about?

The tribunal order states: Akanesi Luau and Siosiua Luau must pay [The landlord/s] $450.27 immediately,

How much money was awarded in case 4903740?

Cleaning: $350.00 awarded to landlord; Filing Fee: $20.44 awarded to landlord; Property Damage: $300.00 awarded to landlord; Rent Arrears: $881.16 awarded to landlord; Lightbulbs: $50.00 awarded to landlord; Rubbish Removal: $1,000.00 awarded to landlord; Water Rates: $528.67 awarded to landlord

What type of tenancy dispute was case 4903740?

The primary dispute was Rent arrears. Related themes: Cleanliness, Property damage.

Where can I read the official tribunal order for case 4903740?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10980729-Tribunal_Order_Redacted.pdf.

10A Thomas Rea Place, Te Atatu South, Auckland 0610 Tenancy Tribunal Case 4903740 — Rent arrears

Claims and awards in Tenancy Tribunal application 4903740 — net $450.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 May 2024	$881.16	Rent arrears to 10 May 2024
Water rates	$528.67	Water rates
Cleaning	$350.00	Cleaning
Rubbish removal	$1,000.00	Rubbish removal
Repairs	$300.00	Repairs
Replace furnishings: lightbulbs (x4	$50.00	Replace furnishings: lightbulbs (x4
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$450.27
Total payable by Tenant to Landlord	$450.27

Order

Akanesi Luau and Siosiua Luau must pay [The landlord/s] $450.27 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,680.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove each claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent and water rates?

The tenancy ended on 10 May 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Rent arrears were $881.16 and outstanding water rates were $528.67.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord sought compensation as follows: a. $1,100.00 for cleaning and garden maintenance b. $1,000.00 for rubbish removal c. $120.00 to replace lightbulbs
I deal with each claim in turn below. Cleaning and garden maintenance
The landlord provided photographs of the property taken at the beginning and end of the tenancy. The photographs taken at the beginning show the property in a very clean and tidy state. The garden is well kept. The photographs taken at the end of the tenancy show some stains on the carpet and a couple of pencil drawings on the walls. There is also some dirt in the kitchen cupboards and the garden is messy. I accept that these issues needed to be remedied to bring the property up to a reasonably clean and tidy standard.
The landlord provided a quote from Adorable Homes Limited for $1,270.75 (including GST) for cleaning and garden maintenance. The landlord sought compensation of $1,100.00 (including GST).
The landlord advised the Tribunal that Adorable Homes Limited had cleaned the interior of the property and tidied up the garden, but they did not have an invoice at hand.
The landlord must prove the cost actually incurred to clean the inside of the property and garden. They have not done this. The landlord’s claim for compensation for cleaning is granted for an adjusted amount of $350.00. I consider this sum fairly reflects the reasonable costs required to bring the property up to a reasonably clean and tidy state. The Tribunal sees numerous applications for compensation for cleaning and garden maintenance. The average hourly rate tends to be $50.00 per hour. Overall, the tenant left the property in a clean and tidy state, except for some carpet stains and drawings on the walls. I consider that approximately 2 - 3 hours of labour would have been required to fix these issues. Similarly, I consider 2 – 3 hours of labour would have been required to weed the garden and tidy up the debris. Rubbish removal
Photographs taken at the end of the tenancy prove that the tenant left a large amount of rubbish at the property. The landlord provided a quote for $2,070.00 for rubbish removal, but only claimed $1,000.00 in compensation. The landlord stated that the rubbish had been removed, but they did not have an invoice at hand.
I consider $1,000.00 to be a reasonable cost for rubbish removal in this case, considering the size of some of the items left by the tenant such as, mattresses and other large items of furniture. The landlord’s claim for compensation for $1,000.00 for rubbish removal is granted in full. Replacement lightbulbs
The landlord claimed that four lightbulbs were missing at the end of the tenancy. The tenant accepted responsibility for the missing lightbulbs.
The landlord provided a quote from Adorable Homes Limited for $945.00 (excluding GST) for a range of work, including replacing four lightbulbs. From this amount, the landlord claimed $120.00 (including GST) to replace four lightbulbs. The landlord did not provide a receipt for the purchase of four lightbulbs.
The landlord must prove that they suffered a loss of $120.00 to replace four lightbulbs. They have not done this. The landlord’s claim for compensation to replace four lightbulbs is granted for an adjusted amount of $50.00, which I consider reasonably reflects the average cost of four, standard lightbulbs.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord claimed that the tenant damaged the front lip of two stairs during the tenancy. The tenant accepted responsibility for this damage and claimed that it occurred when moving furniture. The damage is more than fair wear and tear.
The landlord provided an invoice from Adorable Homes Limited for $945.00 (excluding GST) for various repair work throughout the house. The landlord claimed $750.00 (including GST) from this amount to reflect the repair work to the stairs. The landlord stated that the stairs had been repaired, but they did not have an invoice at hand.
The landlord must prove the cost actually incurred to fix the stairs due to the tenant’s breach. The landlord has not done this. The landlord’s claim for compensation to repair the damaged stairs is granted for an adjusted amount of $300.00. I consider this figure fairly reflects the fact that the damage sustained was relatively minor. It also reflects the fact that the stairs were not new and this was a four year tenancy. An allowance for fair wear and tear over the years must be made. Pest control
The landlord sought $392.50 in compensation for pest control. They stated that there were spiders at the property and dead cockroaches. The landlord provided a quote from Adorable Homes Limited for this amount. They stated that pest fumigation had occurred, but they did not have an invoice at hand.
The landlord was unable to attribute the presence of spiders or a small amount of dead cockroaches to any associated breach conduct by the tenant.
The tenant did not leave the property in a dirty condition. There was no food or other items that would ordinarily attract cockroaches left at the property. With the exception of a few carpet stains and drawings on the walls, the tenant left the property clean and tidy.
The landlord’s claim for compensation for $392.50 for pest control is dismissed. The landlord has not proven that the tenant committed any breach which led to the presence of spiders and cockroaches at the property. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4903740 — net $450.27 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 10 May 2024	$881.16	Rent arrears to 10 May 2024
Water rates	$528.67	Water rates
Cleaning	$350.00	Cleaning
Rubbish removal	$1,000.00	Rubbish removal
Repairs	$300.00	Repairs
Replace furnishings: lightbulbs (x4	$50.00	Replace furnishings: lightbulbs (x4
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$450.27
Total payable by Tenant to Landlord	$450.27

Order

Akanesi Luau and Siosiua Luau must pay [The landlord/s] $450.27 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $2,680.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove each claim to the civil law standard of proof, on the balance of probabilities.

How much is owed for rent and water rates?

The tenancy ended on 10 May 2024. The landlord provided rent records and water rates invoices which prove the amount owing at the end of the tenancy. Rent arrears were $881.16 and outstanding water rates were $528.67.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.
The landlord sought compensation as follows: a. $1,100.00 for cleaning and garden maintenance b. $1,000.00 for rubbish removal c. $120.00 to replace lightbulbs
I deal with each claim in turn below. Cleaning and garden maintenance
The landlord provided photographs of the property taken at the beginning and end of the tenancy. The photographs taken at the beginning show the property in a very clean and tidy state. The garden is well kept. The photographs taken at the end of the tenancy show some stains on the carpet and a couple of pencil drawings on the walls. There is also some dirt in the kitchen cupboards and the garden is messy. I accept that these issues needed to be remedied to bring the property up to a reasonably clean and tidy standard.
The landlord provided a quote from Adorable Homes Limited for $1,270.75 (including GST) for cleaning and garden maintenance. The landlord sought compensation of $1,100.00 (including GST).
The landlord advised the Tribunal that Adorable Homes Limited had cleaned the interior of the property and tidied up the garden, but they did not have an invoice at hand.
The landlord must prove the cost actually incurred to clean the inside of the property and garden. They have not done this. The landlord’s claim for compensation for cleaning is granted for an adjusted amount of $350.00. I consider this sum fairly reflects the reasonable costs required to bring the property up to a reasonably clean and tidy state. The Tribunal sees numerous applications for compensation for cleaning and garden maintenance. The average hourly rate tends to be $50.00 per hour. Overall, the tenant left the property in a clean and tidy state, except for some carpet stains and drawings on the walls. I consider that approximately 2 - 3 hours of labour would have been required to fix these issues. Similarly, I consider 2 – 3 hours of labour would have been required to weed the garden and tidy up the debris. Rubbish removal
Photographs taken at the end of the tenancy prove that the tenant left a large amount of rubbish at the property. The landlord provided a quote for $2,070.00 for rubbish removal, but only claimed $1,000.00 in compensation. The landlord stated that the rubbish had been removed, but they did not have an invoice at hand.
I consider $1,000.00 to be a reasonable cost for rubbish removal in this case, considering the size of some of the items left by the tenant such as, mattresses and other large items of furniture. The landlord’s claim for compensation for $1,000.00 for rubbish removal is granted in full. Replacement lightbulbs
The landlord claimed that four lightbulbs were missing at the end of the tenancy. The tenant accepted responsibility for the missing lightbulbs.
The landlord provided a quote from Adorable Homes Limited for $945.00 (excluding GST) for a range of work, including replacing four lightbulbs. From this amount, the landlord claimed $120.00 (including GST) to replace four lightbulbs. The landlord did not provide a receipt for the purchase of four lightbulbs.
The landlord must prove that they suffered a loss of $120.00 to replace four lightbulbs. They have not done this. The landlord’s claim for compensation to replace four lightbulbs is granted for an adjusted amount of $50.00, which I consider reasonably reflects the average cost of four, standard lightbulbs.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord claimed that the tenant damaged the front lip of two stairs during the tenancy. The tenant accepted responsibility for this damage and claimed that it occurred when moving furniture. The damage is more than fair wear and tear.
The landlord provided an invoice from Adorable Homes Limited for $945.00 (excluding GST) for various repair work throughout the house. The landlord claimed $750.00 (including GST) from this amount to reflect the repair work to the stairs. The landlord stated that the stairs had been repaired, but they did not have an invoice at hand.
The landlord must prove the cost actually incurred to fix the stairs due to the tenant’s breach. The landlord has not done this. The landlord’s claim for compensation to repair the damaged stairs is granted for an adjusted amount of $300.00. I consider this figure fairly reflects the fact that the damage sustained was relatively minor. It also reflects the fact that the stairs were not new and this was a four year tenancy. An allowance for fair wear and tear over the years must be made. Pest control
The landlord sought $392.50 in compensation for pest control. They stated that there were spiders at the property and dead cockroaches. The landlord provided a quote from Adorable Homes Limited for this amount. They stated that pest fumigation had occurred, but they did not have an invoice at hand.
The landlord was unable to attribute the presence of spiders or a small amount of dead cockroaches to any associated breach conduct by the tenant.
The tenant did not leave the property in a dirty condition. There was no food or other items that would ordinarily attract cockroaches left at the property. With the exception of a few carpet stains and drawings on the walls, the tenant left the property clean and tidy.
The landlord’s claim for compensation for $392.50 for pest control is dismissed. The landlord has not proven that the tenant committed any breach which led to the presence of spiders and cockroaches at the property. Filing fee
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4903740 — Rent arrears at 10A Thomas Rea Place, Te Atatu South, Auckland 0610

At a glance

Tenancy Tribunal case 4903740 — Rent arrears at 10A Thomas Rea Place, Te Atatu South, Auckland 0610

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions